Lawrence v. Stonington Bank
Supreme Court of Connecticut
This was an action of assumpsit to recover of the defendants the avails of a certain inland bill of exchange, alleged to have been received by the defendants, for the use of the plaintiffs.
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This was an action of assumpsit to recover of the defendants the avails of a certain inland bill of exchange, alleged to have been received by the defendants, for the use of the plaintiffs. The cause was tried at Norwich, January term, 1827, before Daggett, J. The plaintiffs, residing in the city of New-York, on the 2nd of September, 1825, drew a bill of exchange for 156 dollars, on Peleg Denison of Stonington, who was indebted to the plaintiffs in that amount, payable to their own order, twenty days after date; and, for the purpose of collection only, indorsed it in blank, and lodged it in…
1Opinion of the Court
Hosmer, Ch. J.
Parol or simple contracts, in general, although in writing, will not be enforced, unless the plaintiff prove that they were made for a sufficient consideration. Rann & al. v. Hughes, 7 Term Rep. 350. n. But in respect to bills of exchange and promissory notes, the law is somewhat different.
It is an established rule, that in an action between the original parties to a bill or note, the consideration may be enquired into. The People v. Howell, 4 Johns. Rep. 296, 303. Pearson v. Pearson, 7 Johns. Rep. 26, 28. Schoonmaker v. Roosa & al. 17 Johns. Rep. 301. 304. Chitt. Bills 13. 5th…
2Cases cited2 opinions
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Barber v. BraceSupreme Court of Connecticut · 1819
3Cited by30 opinions
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Dale v. GearSupreme Court of Connecticut · 1871
- Freeman's National Bank v. National Tube Works Co.Massachusetts Supreme Judicial Court · 1890
- Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
- Crosby v. FitchSupreme Court of Connecticut · 1838
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